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Privacy Policy & Terms of Use

Effective: February 10, 2026
 

Data will not be sold or shared with third parties for marketing or promotional purposes. This Radius Home Grouop Website and its affiliates (“we” or “us”) knows that you care about the information we collect from you and how that information is used and shared, and this Privacy Policy describes our practices. This Privacy Policy includes and incorporates by reference the California Privacy Addendum. This Privacy Policy is incorporated into, and is subject to, the Terms of Use. By using our Radius Home Group Website (as defined below), you accept and consent to the practices described in the Privacy Policy and Terms of Use. If you do not agree to the Terms of Use or this Privacy Policy, please do not use our Website or our Services (as defined in the Terms of Use).

This Privacy Policy applies to information we collect when you interact with us in person or online via this Website, mobile applications, email, chat, or other electronic messages, or otherwise as described below (collectively, our “Website”). It does not apply to information collected by any third party (including our affiliates and subsidiaries), including through any application or content (such as advertising) that may link to or be accessible from or on our Website. By interacting with us online, you are accepting the practices described in this Privacy Policy. If you do not agree with our policies and practices, please do not interact with us online or use our Website. This policy may change from time to time (see What About Changes to this Privacy Policy). Your continued interaction with us online after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.
 

1) What Information About Customers Does This Website Gather?

The information we learn from customers helps us personalize and continually improve your experience on our Website. Here are the types of information we gather.

Information You Give Us: We receive and store any information you enter on our Website or give us in any other way, which might include your name, username, password, email address, physical address, billing address, phone number, fax number, Multiple Listing Service (MLS®) agent and office identification, employer name, other demographic information (e.g., gender, age range), and social media information (e.g., username, profile picture). In some cases, we may also collect information you provide about others, such as if you provide information about members of your household. You can choose not to provide certain information, but then you might not be able to take advantage of many of our features.

Information We Collect Automatically: We automatically collect and store certain types of information whenever you interact with our Website, emails, or advertisements and other content served by or on behalf of us on other websites, such as searches completed, properties viewed, properties saved, searches saved, emails opened, and login history. Like many websites, we and our service providers may use cookies, web beacons, and other technologies to collect such information, which may include but is not limited to the type of browser/device/hardware you use, access times, pages viewed, your IP address, and any referring links through which you access our Website. For more information about cookies and how to disable them, see How Are Cookies Used?

Information from Other Sources: We might receive information about you from other sources and add it to information we collect about you.

 

2) How Are Cookies Used?

 

Cookies are unique identifiers that we transfer to your device to enable our systems to recognize your device and to provide personalized advertisements on other websites and storage of preferences between visits. For example, we use tracking features from services such as Google AdWords, and Facebook and Instagram Ads that set a cookie in your browser when you visit our Website or click on one of our advertisements. We also use certain features of Google Analytics to collect data about web traffic, such as Remarketing with Google Analytics, Google Display Network Impression Reporting, DoubleClick Platform integrations, and Google Analytics Demographics and Interest Reporting.

Most web browsers are set to accept cookies by default. If you prefer, you can usually prevent your browser from accepting new cookies, have the browser notify you when you receive a new cookie, or disable cookies altogether through the browser’s Help feature. Additionally, you can disable or delete similar data used by browser add-ons, such as Flash cookies, by changing the add-on’s settings or visiting the website of its manufacturer. For more information about disabling Flash cookies, see http://www.adobe.com/products/flashplayer/security. Because cookies allow you to take advantage of some of our Website’s essential features, we recommend that you leave them turned on. For instance, if you block or otherwise reject our cookies, you may not be able to use any of this Website’s products and services that require you to sign in to an online account. For more information about cookies, see What About Social Media Platforms and Plugins?

 

3) How Does This Website Respond to Do Not Track Signals ?

 

Many web browsers support Do Not Track technology, which allows you to automatically transmit a Do Not Track signal or preference to websites you visit indicating that you do not wish to be tracked. We do not currently respond to Do Not Track browser settings or signals on our Website. For more information about “Do Not Track,” please visit https://www.allaboutdnt.com.

 

4) How Does This Website Use the Information It Receives?

 

We may use information about you for various purposes, including, but not limited to, the following:

  • Presenting our Website and its contents to you;

  • Providing you with information, products, or services that you request from us;

  • Processing your requests and sending you related information and confirmations;

  • Managing your account(s) and sending you updates, security alerts, and support and administrative messages;

  • Communicating with you via social media platforms;

  • Personalizing your online experience and providing advertisements, content, or features that match your profile and interests;

  • Monitoring and analyzing trends, usage, and activities;

  • Administering sweepstakes, contests, promotions, and surveys;

  • Legal compliance (e.g., assisting law enforcement and responding to legal/regulatory inquiries);

  • In any other way we may describe when you provide the information; and

  • For any other purpose with your consent.

We may also use your information to communicate with you about products, services, offers, promotions, rewards, and events that may be of interest to you. If you prefer to opt out of such communications, you can do so at any time by following the instructions provided in those communications or through the methods described under How Do I Contact This Website

 

5) How Does This Website Share the Information It Receives?

 

We share customer information as described below.

Aggregated or De-Identified Information: We may disclose aggregated information about our customers, and information that does not identify any individual, without restriction.

Affiliated Businesses: We work closely with affiliates of this Website that follow practices at least as protective as those described in this Privacy Policy.

Third-Party Service Providers: We also may employ other companies and individuals to perform functions on our behalf. Examples might include sending postal mail and email, administering sweepstakes, analyzing data, web hosting, and providing customer service. We provide such third parties with access to personal information needed to perform their functions, but we do not authorize them to use it for other purposes.

Business Transfers: As we continue to develop our business, we might sell or otherwise transfer certain of our assets. In such transactions, customer information generally is one of the transferred business assets, and you agree that your information may be transferred in these circumstances; however, information about you remains subject to the promises made in any pre-existing Privacy Policy (unless you consent otherwise).

Protection of this Website and Others: We release account and other personal information when we believe release is appropriate to comply with the law, to enforce or apply our Terms of Use and other agreements, to facilitate the financing, securitization, insuring, sale, assignment, bankruptcy, or disposal of all or part of our business or assets, or to protect the rights, property, or safety of this Website, our customers, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction. Obviously, however, this does not include selling, renting, sharing, or otherwise disclosing personally identifiable information from customers for commercial purposes in violation of the commitments set forth in this Privacy Policy.

With Your Consent: We may also share information about you in other ways and for other purposes, with your consent.

 

6) How Secure Is Information About Me?

 

We use industry standard practices to protect your personal information, including use of Transport Layer Security (TLS), which protects the data transmitted between you and our Website.

Unfortunately, no website, database, or system is completely secure, and we cannot guarantee the security of your personal information. It is important for you to protect against unauthorized access to your account and to your computer. Where we have given you (or where you have chosen) a password for access to certain parts of our Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. Be sure to sign out of your account when you are finished using a shared computer. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on our Website.

 

7) What Should I Know About Third-Party Advertisers and Links to Other Websites?

 

Our Website might include third-party advertising and links to other websites. When you click on links on our Website, they may direct you away from our Website. We are not responsible for the privacy practices of other websites and encourage you to read their privacy policies.

 

8) What About Social Media Platforms and Plugins?

 

We may interact with you on multiple social media platforms (e.g., Instagram, Twitter, Snapchat, Facebook). If you contact us or otherwise direct us to communicate with you via social media, we may contact you via direct message or use other social media tools to interact with you. In these instances, your interactions with us are governed by this Privacy Policy as well as the privacy policy of the social media platform you use. We may display targeted advertisements to you through social media platforms. See the policies of each social media platform for additional information about these types of ads.

 

9) What Options Do I Have Related to Information About Me?

 

We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:

 

Online Account Information

 

You may update, correct, or deactivate your online account at any time by logging into your account and navigating to the applicable page. If you choose to deactivate your online account, please note that we may retain certain information about you for legitimate business purposes or as required by law.

 

Promotional Communications

 

If you do not wish to receive promotional communications from us, you can opt out of such communications at any time by following the instructions provided in those communications or contacting us through the methods described under How Do I Contact This Website?. Unless otherwise provided by law, this opt out does not apply to information you provide to us or we send to you as a result of a service experience or other interaction you have with us.

 

Cookies

 

The Help feature on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Additionally, you can disable or delete similar data used by browser add-ons, such as Flash cookies, by changing the add-on’s settings or visiting the website of its manufacturer. For more information see How Are Cookies Used?. If you disable or refuse cookies, please note that some parts of our Website may then be inaccessible to you or not function properly.

 

Are Children Allowed to Use our Website?

 

If you are under 18, you may use our Website only with the involvement of a parent or guardian. We do not knowingly collect personal information from children under the age of 13 without the consent of the child’s parent or guardian. If we learn we have collected or received personal information from a child under the age of 13 without verification of consent of the child’s parent or guardian, we will delete that information. We do not sell products or services for purchase by children.

 

California Privacy Rights

 

If you are a California resident, please see our California Privacy Addendum, which describes certain rights that you may have under the California Consumer Privacy Act (CCPA) and other California statutes.

 

Canada Anti-Spam Law (CASL) Notice

 

If you are in Canada, please note that by providing an email address to us on our Website or by any other means, you provide express consent to receive emails from us or from our clients.

 

10) What About Changes to this Privacy Policy?

 

We reserve the right to modify this Privacy Policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on our Website. If we make changes to this policy, we will notify you that it has been updated by revising the date at the top of this policy, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use or disclose it. In some cases, we may provide you with additional notice (such as adding a statement to the homepage of our Website or sending you an email notification).

 

11) What About the Terms of Use?

 

If you choose to visit our Website, your visit and any dispute over privacy is subject to this Privacy Policy and our Terms of Use, including limitations on damages, resolution of disputes, and application of the law.

 

12) How Do I Contact This Website?

 

If you would like to access, correct, amend, or delete any personal information we have about you, register a complaint, or simply want more information about our Privacy Policy, then you may contact us.

CALIFORNIA PRIVACY ADDENDUM

Effective: January 1, 2020 / Last updated: January 1, 2021

This California Privacy Addendum (this “Addendum”) of this Website. (“us,” “we,” or the “Company”) is part of and supplements the information contained in the Company’s Privacy Policy. This Addendum applies solely to all visitors, users, and others who reside in the State of California (each, a ”consumer,” or “you”) who access our website, (our “Website”), or otherwise interact with us as described in our Privacy Policy. We adopt this Addendum to comply with the California Consumer Privacy Act of 2018 (“CCPA”). Any terms defined in the CCPA have the same meaning when used in this Addendum.

Information We Collect

Our Website collects information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device (“personal information”). In particular, our Website has collected the following categories of personal information from our users within the last 12 months:

  • Category: A. Identifiers

  • Examples: A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver’s license number, passport number, or other similar identifiers.

  • Collected: Yes

  • Category: B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e))

  • Examples: A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories.

  • Collected: Yes

  • Category: C. Protected classification characteristics under California or federal law

  • Examples: Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).

  • Collected: No

  • Category: D. Commercial information

  • Examples: Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.

  • Collected: Yes

  • Category: E. Biometric information

  • Examples: Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.

  • Collected: No

  • Category: F. Internet or other similar network activity

  • Examples: Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.

  • Collected: Yes

  • Category: G. Geolocation data

  • Examples: Physical location or movements.

  • Collected: No

  • Category: H. Sensory data

  • Examples: Audio, electronic, visual, thermal, olfactory, or similar information

  • Collected: No

  • Category: I. Professional or employment-related information

  • Examples: Current or past job history or performance evaluations.

  • Collected: No

  • Category: J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99))

  • Examples: Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.

  • Collected: No

  • Category: K. Inferences drawn from other personal information

  • Examples: Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.

  • Collected: No

We obtain the categories of personal information listed above from the following categories of sources:

  • Directly from you. For example, from forms you complete, information you enter on our Website or otherwise provide to us, or products and services you purchase or have purchased.

  • Indirectly from you. For example, from observing your actions on our Website.

  • Indirectly from third parties. For example, from system-to-system integration with third parties, such as parties we acquire or service providers that provide information to us.

Personal information does not include:

  • Publicly available information from government records.

  • Deidentified or aggregated consumer information.

  • Information excluded from the CCPA’s scope, like health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA), or clinical trial data; and personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial

  • Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994.

 

Use of Personal Information

 

We may use or disclose the personal information we collect for one or more of the following purposes:

  • To fulfill or meet the reason you provided the information. For example, if you share your name and contact information to request information or ask a question about our products or services, we will use that personal information to respond to your inquiry.

  • To provide, support, personalize, and develop our Website, products, and services.

  • To create, maintain, customize, and secure your account with us.

  • To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.

  • To help maintain the safety, security, and integrity of our Website, products and services, databases and other technology assets, and business.

  • For testing, research, analysis, and development or improvement of products or services, including to develop and improve our Website.

  • To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.

  • As described to you when collecting your personal information or as otherwise set forth in the CCPA.

  • To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of the Company’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by the Company about our Website users is among the assets transferred.

  • We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

 

Sharing Personal Information

 

We may disclose your personal information to a third party for a business purpose. When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract.

 

Disclosures of Personal Information for a Business Purpose

 

In the preceding 12 months, the Company has disclosed the following categories of personal information for the following business purposes:

 

 

  • Category: A. Identifiers

  • Examples: A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name

  • Business Purpose: In response to a request to communicate with site visitors related to the rent, sale or purchase of a home.

 

 

  • Category: B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e))

  • Examples: A name, physical characteristics or description, address, telephone number,

  • Business Purpose: In response to a request communicate with site visitors related to the rent, sale or purchase of a home.

 

 

  • Category: F. Internet or other similar network activity

  • Examples: Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.

  • Business Purpose: In response to a request communicate with site visitors or who interacted with an advertisement related to the rent, sale or purchase of a home.

 

Sales of Personal Information

 

In the preceding 12 months, the Website has not sold personal information.

 

Your Rights and Choices

 

The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.

 

Access to Specific Information and Data Portability Rights

 

You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights), we will disclose to you:

  • The categories of personal information we collected about you.

  • The categories of sources for the personal information we collected about you.

  • Our business or commercial purpose for collecting or selling that personal information.

  • The categories of third parties with whom we share that personal information.

  • The specific pieces of personal information we collected about you (also called a data portability request).

  • If we sold or disclosed your personal information for a business purpose, two separate lists disclosing: sales, identifying the personal information categories that each category of recipient purchased; and disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.

 

Deletion Request Rights

 

You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights), we will delete (and direct any applicable service providers to delete) your personal information from our records, unless an exception applies.

We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

  • Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.

  • Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.

  • Debug products to identify and repair errors that impair existing intended functionality.

  • Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.

  • Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).

  • Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.

  • Comply with a legal obligation.

  • Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

 

Exercising Access, Data Portability, and Deletion Rights

 

To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to the us via email, mail or phone call.

Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.

You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must: Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative. Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it. We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.

Making a verifiable consumer request does not require you to create an account with us. However, we do consider requests made through your password protected account sufficiently verified when the request relates to personal information associated with that specific account.

We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

 

Response Timing and Format

 

We endeavor to respond to a verifiable consumer request within 45 days of its receipt. If we require more time (up to 45 more days), we will inform you of the reason and extension period in writing.

If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.

Any disclosures we provide will only cover the 12-month period preceding our receipt of the verifiable consumer request. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily usable and should allow you to transmit the information from one entity to another entity without hindrance.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

 

Non-Discrimination

 

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

  • Deny you goods or services.

  • Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.

  • Provide you a different level or quality of goods or services.

  • Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

  • However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your personal information’s value and contain written terms that describe the program’s material aspects. Participation in a financial incentive program requires your prior opt in consent, which you may revoke at any time.

 

Other California Privacy Rights

 

In addition to your rights under the CCPA, a business subject to California Civil Code § 1798.83 is required to disclose to its California customers, upon request, the identity of any third parties to whom the business has disclosed personal information within the previous calendar year, along with the type of personal information disclosed, for the third parties’ direct marketing purposes. Please note that we are only required to respond to such a customer request once during any calendar year, and only if we are covered by such California Civil Code section. If you are a California resident and would like to make such a request, contact us. Please be aware that not all information sharing is covered by this California law and only information sharing that is covered will be included in our response. We reserve the right not to respond to requests submitted via other means other than our email address.

 

Changes to Our Privacy Addendum

 

We reserve the right to amend this Addendum at our discretion and at any time. When we make changes to this Addendum, we will post the updated Addendum on the Website and update the effective date of the Addendum. Your continued use of our Website following the posting of changes constitutes your acceptance of such changes.

 

Contact Information

 

If you have any questions or comments about this Addendum, the ways in which we collect and use your information described below and in our Privacy Policy, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact below

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Terms of Use for
Radius Home Group
Keller Williams Realty, LLC

LAST UPDATED: April 25, 2025
 

Please read these Terms of Use (this “Agreement”) carefully. This Agreement is a legal agreement between you and Radius Home Group at Keller Williams Realty, LLC and its affiliates (as applicable, based on the Services) (“we,” “us,” or “our”) governing your access and use of any website or mobile application provided by us from which you are accessing this Agreement (collectively, the “Services”). “You” and “your” mean both an individual using the Services and an entity if you are using the Services on behalf of, or for the benefit of, a third-party entity (for example, a Keller Williams® Market Center (as defined below)). The parties to this Agreement shall be known collectively as the “Parties” and each singularly as a “Party”.

By registering an account, clicking or tapping any button or box marked “accept,” “agree,” or “OK” (or any other similar word), or by using the Services, you agree to this Agreement and any changes to it.
 

We are a real estate franchisor. We license the use of our name to independently owned franchisees to operate real estate brokerage offices (each, a “Keller Williams® Market Center”). Keller Williams® Market Centers enter relationships with real estate agents who are their independent contractors (each, a “KW® Agent”). This Agreement does not apply to any products or services, including any real estate brokerage or ancillary services, offered or provided to you by a Keller Williams® Market Center or their KW® Agents (collectively, the “Other Services”), regardless of whether the Other Services were initiated by your interaction with the Services (including any websites where we operate such website’s infrastructure) or directly with a Keller Williams® Market Center or their KW® Agent(s). Please consult with the applicable Keller Williams® Market Center(s) or their KW® Agent(s), as applicable, to learn more about any terms and conditions that apply to their provision of the Other Services to you.
 

THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION THAT, AS DESCRIBED IN SECTION 16 BELOW, REQUIRES USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN BY JURY TRIALS OR ANY OTHER COURT PROCEEDINGS, OR CLASS ACTIONS OR CLASS ARBITRATIONS.

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1. Effective Date. The “Last Updated” legend shows when this Agreement was last changed. We may change this Agreement by notifying you by any reasonable means, including posting a revised Agreement through the Services.

Subject to applicable laws, we may, at any time and without liability: (a) modify or discontinue all or part of the Services; or (b) charge, modify, or waive any fees required to use the Services.
 

2. License to Use the Services. Subject to your compliance with the terms and conditions of this Agreement, we grant you a limited, revocable, non-exclusive license to use the Services and we provide the Services for your personal use only, unless we agree otherwise. The Services, and all its elements, are owned by us or licensed to us by third parties. We and our third-party licensors retain all right, title, and interest in the Services, including all patent, copyright, trademark, and trade secret rights therein. The Services may not work with all hardware or devices. You are responsible for obtaining, maintaining, and paying for all hardware, telecommunications, and other services needed for you to use the Services. The Services may include software applications that may make additional products and services available to you (collectively, the “Apps”). You may be required to download or use specific software and Apps for certain components of the Services to function properly.
 

3. Registration; Usernames and Passwords; Communications. You may have to register an account with us to use the Services. If you decide to register an account with us, you may need to provide us with your name, email address, username, password, and other necessary registration information to create and access your account. We may reject, or require that you change, any username, password, or other information that you provide to us in registering your account. Your username and password are for your personal use only and must be kept confidential. You are responsible for the security of your account and all actions associated with it. You must promptly notify us of any confidentiality breach or unauthorized use of your username or password, or your Services account. You may not sell or otherwise transfer your account to another individual or entity without our prior written consent.
 

We may use telephonic or electronic means to communicate with you when you use the Services, send us emails, when we post a notice on the Services or send you emails, and to contact you about the Services or other related real estate products and/or services. You: (a) consent to receive communications, including notifications, from us in an electronic form; (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in a hard copy writing; and (c) authorize us to contact you about the Services or other real estate products or related services at the telephone number and email address you provided, even if your number is on a federal, state, or internal Do Not Call list, and to send marketing calls and texts to you using an automated system for selection or dialing of numbers or pre-recorded or artificial voice messages that relate to real estate products or services. With respect to (c) in the immediately preceding sentence, your consent is not required to purchase products or services and you may unsubscribe at any time.
 

4. Information Collected Through the Services. With respect to any information you provide to us through the Services, you represent, warrant, and covenant that:

  • You have and will comply with all laws applicable to any information you provide or access through the Services, including information that is uploaded or synchronized with the Apps for which you have given consent to use;

  • The information you provide is and will remain accurate and complete, and you will maintain and update the information as needed; and

  • You have all necessary rights and permissions to authorize our processing of such information under this Agreement.
     

By using our Services, you agree that we may automatically collect information from you and your device while using our Services. This information may include any actions you take on our websites or mobile applications, including links visited, session details and duration, and what you type into our websites or mobile applications. Additionally, you agree that we may share the information we collect through the Services, including Personal Information, with our Affiliated Entities (as defined in Section 13) and other third parties. You also agree that we may collect, transmit, and process information collected by the Services consistent with our Privacy Policy, as updated over time.
 

5. Your Conduct. You represent, warrant, and covenant that you will not:

  • Use the Services in any way or for any purpose that is unlawful, violates any federal, state, or local laws or regulations, or for any other purpose that is fraudulent, or otherwise tortious;

  • Post, transmit, or make available any materials through the Services that are or may be: (a) threatening, harassing, degrading, hateful or intimidating, or otherwise fail to respect the rights and dignity of others; (b) defamatory, libelous, fraudulent or otherwise tortious; (c) obscene, indecent, pornographic or otherwise objectionable; or (d) protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right, without the express prior written consent of the applicable owner;

  • Introduce any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file or program that is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software, or equipment into or through the Services;

  • Link, integrate, or provide access to the Services or related infrastructure without our prior explicit permission;

  • Impersonate someone else in relation to your activities on the Services;

  • Transmit any spam, chain letters, or other unsolicited communications through the Services;

  • Harvest or collect information about users of the Services;

  • Interfere with the operation or content of the Services, or the servers or networks used to make the Services available (for example, by hacking or defacing any portion of the Services), or violate any requirement, procedure or policy of such servers or networks;

  • Inhibit any other person from using the Services;

  • Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute or otherwise exploit any portion of the Services;

  • Reverse engineer, decompile or disassemble any portion of the Services;

  • Remove or alter any copyright, trademark, or other proprietary rights notice from the Services;

  • Frame or mirror any portion of the Services or incorporate any portion of the Services into any product or service;

  • Systematically download or store Services content;

  • Tamper with or circumvent any security technology associated with the Services;

  • Use any robot, spider, site search/retrieval application or other manual or automatic device such as any artificial intelligence (AI products and/or tools) to retrieve, index, “scrape,” “data mine” or otherwise gather Services content (including Submissions), or reproduce or circumvent the navigational structure or presentation of the Services, without our express prior written consent;

  • Use any robot, spider, site search/retrieval application or other manual or automatic device such as any artificial intelligence (AI products and/or tools) to develop machine learning models and/or train any artificial intelligence (AI products and/or tools), including but not limited to the use of any artificial intelligence (AI products and/or tools) to directly or indirectly create, train, test, or otherwise improve any machine learning algorithms or artificial intelligence systems, including any architectures, models, or weights; or

  • Use any artificial intelligence (AI products and/or tools) to create content that violates our rights, or any third-party rights, including but not limited to copyright, trademark, privacy or other intellectual property rights or privacy rights.
     

We may monitor your use of the Services to determine your compliance with this Agreement. We may remove or refuse any data or material included in the Services, in whole or in part, for any reason. We may disclose information regarding your access to and use of the Services, and the circumstances surrounding such access and use.
 

You acknowledge and agree that you are solely responsible for identifying, interpreting, understanding, and complying with all applicable federal, state, and local laws and regulations that apply to your use of the Services, including selecting and engaging any legal counsel you may deem necessary to ensure compliance therewith.

​

6. Third Party Materials; Links. Some of the Services’ functionality may be provided by third parties, including Apps (collectively, the “Third Party Materials”), or allow for the routing or transmission of such Third Party Materials, including via links. By using such functionality, you are directing and permitting us to access, route, and transmit to you the applicable Third Party Materials.
 

We will only provide information to third parties where you have requested us to do so, to enhance the Services, or to provide additional functionality, and will only do so in compliance with our Privacy Policy. We do not endorse, and make no representations or warranties related to, any aspect of the Third Party Materials. The third-party App providers may present you with their own terms, conditions, and policies (the “Third Party Terms”). You are solely responsible for reviewing and complying with any Third Party Terms you agree to. For your and the Services’ security, or for any other reason deemed appropriate by us in our sole discretion, we may block or disable access to any Third Party Materials (in whole or in part) through the Services at any time and for any reason.
 

7. Artificial Intelligence. Some of the Services functionality may incorporate or enable you to use artificial intelligence (AI) provided by us or third parties. Should you choose to use such functionality, you expressly acknowledge, understand, and agree that: (a) the use of AI technologies entails inherent risks and uncertainties; (b) AI systems may produce inaccurate or unreliable results due to limitations in data quality, algorithmic biases, or unforeseen circumstances, and as such, you must exercise caution and critically evaluate the outputs generated by AI systems before making any decisions based on them or their output; (c) the collection, storage, and processing of data pose privacy and security risks, and as such, you should be aware of the potential for unauthorized access, data breaches, or misuse of Personal Information associated with AI systems provided by third parties; and (d) the complexity and unpredictability of AI systems may lead to unexpected output, unforeseen consequences, or unintended side effects, and as such, you should thoroughly review all AI generated output provided and confirm such output is factually accurate, suitable for its intended use, and complies with all applicable federal, state, and local laws and regulations (including any multiple listing service regulations or equivalents) as they pertain to your intended use.
 

8. Transactions. You may have the ability to purchase products, services, or access to Apps through the Services (each a “Transaction”). To initiate and complete a Transaction, you may be asked to supply information, such as your credit card number and its expiration date and your billing address. You represent and warrant that you have the right to use the credit card you use in connection with a Transaction, and you grant to us the right to provide such information to third parties for the purposes of facilitating Transactions. Verification of information may be required prior to the acknowledgment or completion of any Transaction.

We may: (a) impose conditions on the honoring of any coupon, discount, or similar promotion; (b) prevent any user from making any Transaction; or (c) refuse to provide any user with any product, Services or App. Unless otherwise specifically stated, all Transactions are final, non-cancellable, and non-refundable. You must pay all charges incurred by you or on your behalf at the prices in effect when such charges are incurred. Additionally, you are responsible for any taxes applicable to your Transactions.
 

9. Feedback. If you provide to us any ideas, proposals, suggestions, or other materials through the Services (“Feedback”), such Feedback will be deemed a Submission (as defined in Section 10), and you hereby acknowledge and agree that such Feedback is not confidential, and that your provision of such Feedback is gratuitous, unsolicited, and without restriction, and does not place us under any fiduciary or other obligation.
 

10. Submissions. With respect to any posts, blogs, reviews, testimonials, comments, or similar content you make available to us through the Services (each, a “Submission”), you grant to us an unlimited, worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable and fully sublicensable (through multiple tiers) license, without additional consideration to you or any third-party, to reproduce, distribute, perform and display (publicly or otherwise), create derivative works of, adapt, modify and otherwise use, analyze and exploit such Submission for any purpose consistent with our Privacy Policy, to the extent a Submission includes any Personal Information) , in any format or media.
 

11. Our Proprietary Rights. We and our third-party licensors (as applicable) own the Services, which are protected by United States and international intellectual property and proprietary rights and laws. Our trade names, trademarks and service marks include Keller Williams®, KW®, and any associated logos. All trade names, trademarks, service marks, logos, copyrightable works and other content, information, or materials on or made available through the Services that are not owned by us are the property of their respective owners. You may not use our trade names, trademarks, service marks or logos in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. Nothing contained in the Services should be construed as granting any right to use any trade names, trademarks, service marks, logos, copyrightable works or other content, information, or materials without the express prior written consent of the owner.
 

12. Disclaimer of Warranties. THE SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND AND WE DO NOT PROVIDE ANY WARRANTY THAT THE SERVICES WILL BE FREE FROM ERRORS OR INTERRUPTION. YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
 

13. Limitation of Liability. UNDER NO CIRCUMSTANCES WILL KW, ITS AFFILIATES, OR ANY OF OUR OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, OR REPRESENTATIVES (COLLECTIVELY, THE “AFFILIATED ENTITIES”) BE LIABLE FOR ANY LOST PROFITS, REVENUES, OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COST OF COVER, OR PUNITIVE DAMAGES IN CONNECTION WITH THIS AGREEMENT. THE AGGREGATE LIABILITY OF THE AFFILIATED ENTITIES IN CONNECTION WITH THIS AGREEMENT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, WILL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO US IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE CAUSE OF ACTION FOR DAMAGES; OR (B) FIFTY DOLLARS ($50.00). YOUR SOLE AND EXCLUSIVE REMEDY FOR YOUR DISSATISFACTION WITH THE SERVICES (INCLUDING ANY APPS OR THIRD PARTY MATERIALS) IS TO STOP USING THE SERVICES. ALL LIMITATIONS OF LIABILITY OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE ON BEHALF OF THE AFFILIATED ENTITIES, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
 

14. Indemnity. You agree to, and will defend, indemnify and hold harmless the Affiliated Entities, and their respective successors and assigns, from and against all claims, liabilities, damages, judgments, awards, losses, costs, expenses and fees (including attorneys’ fees and expenses) arising out of, relating to, or resulting from: (a) your use of, or activities arising out of, relating to, resulting from, or in connection with, this Agreement, the Services (including all Submissions and Third Party Materials) or the Other Services; or (b) any violation or alleged violation of this Agreement by you.
 

15. Termination. This Agreement is effective until terminated. We may terminate or suspend your use of the Services at any time and without prior notice, for any or no reason, including if we believe that you have violated or acted inconsistently with this Agreement. Upon any such termination or suspension, your right to use the Services will immediately cease, and we may, without liability to you or any third-party, immediately deactivate or delete your username, password and account, and all associated materials, without any obligation to provide any further access to such materials. Subject to the limitations and other provisions of this Agreement: (a) the representations, warranties, and covenants of the Parties contained herein will survive the expiration or termination of this Agreement; and (b) any provision that, in order to give proper effect to its intent, should survive such expiration or termination, will survive the expiration or termination of this Agreement for the period of time necessary to give proper effect to the intent of the provision.
 

16. Governing Law; Dispute Resolution; Class Action Waiver. This Agreement and your activities under it, are governed solely by and shall be construed solely in accordance with the laws of the United States and the State of Texas, U.S.A., without regard to its principles of conflicts of law regardless of your location.

ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND US, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY (EACH, A “DISPUTE”), WILL BE RESOLVED VIA ALTERNATIVE DISPUTE RESOLUTION INSTEAD OF IN COURT BY A JUDGE OR JURY.
 

In the event of a Dispute, each Party will promptly appoint a knowledgeable, responsible, and authorized representative to meet and negotiate in good faith to resolve the Dispute. The location, form, frequency, duration, and conclusion of these discussions will be left to the discretion of the representatives during the ninety (90) days following appointment of the representatives for the Parties. Discussions and correspondence among the representatives are solely for purposes of a prospective settlement of the Dispute and are exempt from any discovery and/or production in any future proceedings and will not be admissible therein without the concurrence of the Parties.
 

If a Dispute cannot be settled through these discussions, the Parties agree to attempt to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures during the ninety (90) days following termination of the discussions of the representatives for the Parties. Mediation shall be in Austin, TX U.S.A. The Parties will cooperate with one another in selecting a mediation service and will cooperate with the mediation service, and with one another, in selecting a neutral mediator and in scheduling the mediation proceedings. The mediator’s fees and expenses will be shared equally between the Parties.
 

The Parties further agree that any unresolved Dispute following mediation shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Claims shall be heard by a single arbitrator. The place of arbitration shall be Austin, TX U.S.A.
 

Time is of the essence for any arbitration under this Agreement and all arbitration hearings shall take place within one hundred fifty (150) days of filing and any final award rendered within one hundred eighty (180) days of filing, with the arbitrator agreeing to these limits prior to accepting appointment. In making determinations regarding the scope of exchange of electronic information, the arbitrator and the Parties shall be guided by The Sedona Principles, Third Edition: Best Practices, Recommendations & Principles for Addressing Electronic Document Production.

The arbitrator will have no authority to award punitive or other damages not measured by the prevailing Party’s actual damages, except as may be required by statute. The arbitrator shall award to the prevailing Party, if any, as determined by the arbitrator, all of their costs and fees (e.g., reasonable pre-award expenses of the arbitration, including arbitrator fees, administrative fees, travel expenses, out-of-pocket expenses such as copying and telephone charges, witness fees, and attorneys’ fees). Except as may be required by applicable law, neither a Party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both Parties. The Parties agree that failure or refusal of a Party to pay its required share of the deposits for arbitrator compensation or administrative charges shall constitute a waiver by that Party to present evidence or cross-examine witnesses.
 

YOU FURTHER AGREE THAT ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. YOU AGREE THAT WE AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY, AND YOU ARE AGREEING TO GIVE UP ANY LEGAL RIGHT YOU MAY HAVE TO PARTICIPATE IN A CLASS ARBITRATION OR CLASS ACTION.
 

17. Information or Complaints. If you have a question or concern regarding the Services, please complete and submit the form located here. You may also contact us by calling us at (512) 306-7191. Please note that email communications are not necessarily secure. Accordingly, you should not include Personal Information, payment information, or other sensitive information in your email correspondence with us. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
 

18. Copyright Infringement Claims. The Digital Millennium Copyright Act of 1998 (DMCA) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available through the Services infringe your copyright, you (or your agent) may send us a written notice by mail or email, requesting that we remove such material or disable access to it. If you believe in good faith that someone has wrongly submitted to us a notice of copyright infringement involving content that you made available through the Services, you may send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See https://www.copyright.gov for details. Notices and counter-notices must be sent in writing to our Designated Agent as follows:

Keller Williams Realty, LLC
Legal Department
1221 S. Mopac Expressway, Suite 400
Austin, Texas 78746
Email: Legal@kw.com
Telephone: (512) 327-3070
 

We suggest that you consult your legal advisor before sending a DMCA notice or counter-notice. It is our policy to terminate, in appropriate circumstances, a user’s right to use the Services if we decide they are repeat infringers.
 

19. Export Controls; International Use. You are responsible for complying with United States export controls and for any violation of such controls, including any United States embargoes or other federal rules and regulations restricting exports. You represent, warrant and covenant that you are not: (a) located in, or a resident or a national of, any country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a “terrorist supporting” country; or (b) on any of the U.S. government lists of restricted end users. We make no representation that the Services are appropriate, will be available for use, or will function as intended in locations outside the United States, and access to the Services from territories where such Services are illegal is prohibited. If you choose to access the Services from locations outside the United States, you do so at your own risk and are solely responsible for compliance with applicable local laws and regulations. Additionally, if you access or use the Services from outside the United States, your information may be transferred to, stored, and processed in the United States where our servers may be located, and you hereby consent to such transfer, storage, and processing of your information to and in the United States.
 

The Services are not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or that would subject us or our Affiliated Entities to any registration requirement within such jurisdiction or country.
 

20. Miscellaneous. This Agreement does not, and will not be construed to, create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and us. You acknowledge and agree that, except as otherwise expressly provided in this Agreement, there will be no third-party beneficiaries to this Agreement. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer, or sublicense any of your rights or obligations under this Agreement without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under this Agreement without restriction. No waiver by either Party of any breach or default under this Agreement will be deemed to be a waiver of any other breach or default. Any heading, caption or section title contained herein is for convenience only, and in no way defines or explains any section or provision. All terms defined in the singular will have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term “including” or variations thereof in this Agreement will be construed as if followed by the phrase “without limitation.” Any of the term “Personal Information” in this Agreement will have the meaning given to it in our Privacy Policy. This Agreement, including any terms and conditions incorporated herein and any addenda hereto, is the entire agreement between you and us regarding its subject matter, and supersedes any prior or contemporaneous written or oral agreements or understandings between you and us relating to such subject matter. Notices to you (including notices of changes to this Agreement) may be made via posting to the Services or by email (including in each case via links) to the most recent email address that you have provided to us, or by regular mail to the most recent mailing address that you have provided to us. Without limitation, a printed version of this Agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. We will not be responsible for any failure to fulfill any obligation due to any cause beyond our reasonable control.

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